How do I claim foreign priority in a U.S. patent application?
To claim foreign priority in a U.S. patent application, you must: 1. File the U.S. application within 12 months (6 months for design applications) of the foreign filing date.2. Submit a claim for priority identifying the foreign application.3. File a certified copy of the foreign application. For applications filed on or after September 16, 2012,…
Read MoreHow should examiners review the identifying data of prior applications?
Examiners should review the identifying data of all prior applications for which benefits are claimed to ensure accuracy. This review includes: Checking that the data is provided in an application data sheet for applications filed on or after September 16, 2012 Verifying that the data is provided in either the first sentence(s) of the specification…
Read MoreWhat should be done if there’s an error in the preprinted prior application data?
If there’s an error in the preprinted prior application data, the following steps should be taken: If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.…
Read MoreWhat information must be included in an application filed by someone other than the inventor?
When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b): An application data sheet under § 1.76 In the applicant information section (§ 1.76(b)(7)), specify: The assignee Person to whom the inventor is under an obligation to assign the…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a nonprovisional application?
Yes, for applications filed on or after September 16, 2012 (except reissue applications), the filing of an inventor’s oath or declaration can be postponed. The MPEP states: For applications filed on or after September 16, 2012 (except reissue applications), applicant may postpone filing the inventor’s oath or declaration until the application is in condition for…
Read MoreHow do I correct an error in my foreign priority claim?
How do I correct an error in my foreign priority claim? If you need to correct an error in your foreign priority claim, the process depends on the nature of the error and when it’s discovered. According to MPEP 214.01, “Applicant may correct the failure to adequately claim priority to the prior foreign application by…
Read MoreWhat is the difference in priority claim requirements for applications filed before and after September 16, 2012?
The requirements for filing a foreign priority claim differ for applications filed before and after September 16, 2012. The key difference lies in where the priority claim must be presented: For applications filed on or after September 16, 2012: The priority claim must be presented in an Application Data Sheet (ADS). This is specified in…
Read MoreHow do I file a foreign priority claim in a U.S. patent application?
To file a foreign priority claim in a U.S. patent application, you must: File the claim within the specified time limit (see previous FAQ for details). Present the claim in an application data sheet (ADS) for applications filed on or after September 16, 2012. For applications filed before this date, the claim can be in…
Read MoreWhat form can I use to correct or update an inventor’s name in a patent application?
To correct or update an inventor’s name in a patent application (other than reissue applications), you can use Form PTO/AIA/40. As stated in MPEP 602.01(c)(2): See MPEP § 602.01(c)(1) for a copy of form PTO/AIA/40 that may be used to correct or update in inventor’s name or change the order of names in applications (other…
Read MoreHow should the foreign priority application number be formatted in an ADS?
How should the foreign priority application number be formatted in an ADS? When entering the foreign priority application number in an Application Data Sheet (ADS), it’s crucial to follow the proper format to ensure accurate identification. The MPEP states: “The foreign application number should be identified in an application data sheet (ADS), rather than in…
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